New Hampshire Revised Statutes 130-A:7 – Enforcement
Current as of: 2023 | Check for updates
|
Other versions
I. Whenever the commissioner has reason to believe that the provisions of N.H. Rev. Stat. § 130-A:9, or any rule adopted by the commissioner under this chapter has been violated, the commissioner shall issue a notice of violation. The commissioner may also impose administrative fines under N.H. Rev. Stat. § 130-A:14 and may also request injunctive relief under N.H. Rev. Stat. § 130-A:17, I.
II. The commissioner, in requiring lead hazard reduction under N.H. Rev. Stat. § 130-A:6, I or II, shall do so by written order. The order shall include, as appropriate, the following information:
(a) The findings of the inspection, including the specific locations determined to constitute a lead exposure hazard.
(b) The methods appropriate for lead hazard reduction and copies of rules pertaining to lead hazard reduction adopted under the provisions of this chapter.
(c) The period of time within which lead hazard reduction shall be completed. The time period for lead hazard reduction of an occupied dwelling or dwelling unit shall not exceed 90 days except that the period may be extended at the discretion of the commissioner for the period of time determined to be reasonable by the commissioner under the circumstances of the case.
(d) The standards for reoccupancy of a dwelling or dwelling unit by a child, or the resumption of operations of a child care facility, after the conduct of lead hazard reduction.
(e) Responsibility for verification by a lead inspector or lead risk assessor of lead hazard reduction to the commissioner.
III. Any person subject to an order issued under this section may petition the superior court to review such order. The commissioner may also impose administrative fines under N.H. Rev. Stat. § 130-A:14 and may request injunctive relief under N.H. Rev. Stat. § 130-A:17, I in the event that an order, served by the commissioner, is not followed or a fine imposed by the commissioner is not paid.
IV. Any order issued by the commissioner that requires lead hazard reduction shall be binding upon and enforceable against the person to whom the order was issued and any other individual or entity that may acquire ownership of, or an interest in, the property that is subject to the order.
V. Interim controls, as defined in this chapter, may be used as an acceptable alternative to lead hazard abatement only with the prior written approval of the commissioner and if a lead exposure hazard reduction plan or any other subsequent plan is adopted and in place at the department to address compliance with the intent of this section. When interim controls are approved and maintained in response to an order, the person to whom the order was issued, and any other individual or entity that may acquire ownership of the property that is subject to the order, shall submit to the commissioner a certificate of compliance for interim controls from a licensed risk assessor annually prior to the expiration of the current certificate. When a certificate of compliance for interim controls is not issued by a licensed risk assessor prior to expiration of the current certificate or when an inspection by the commissioner, or designee, reveals that the property no longer meets the requirements of interim controls, the commissioner shall require submission of a certificate of compliance for abatement. The commissioner shall adopt rules, under RSA 541-A, for the procedures for interim controls.
VI. Any order issued by the commissioner shall be recorded in the registry of deeds for the county in which the property is situated and, upon recordation, the order shall run with the property.
II. The commissioner, in requiring lead hazard reduction under N.H. Rev. Stat. § 130-A:6, I or II, shall do so by written order. The order shall include, as appropriate, the following information:
Terms Used In New Hampshire Revised Statutes 130-A:7
- Child: or "children" means a person or persons 72 months of age or less. See New Hampshire Revised Statutes 130-A:1
- Child care facility: means a facility required to be licensed under the provisions of N. See New Hampshire Revised Statutes 130-A:1
- Commissioner: means the commissioner of the department of health and human services. See New Hampshire Revised Statutes 130-A:1
- Department: means the department of health and human services. See New Hampshire Revised Statutes 130-A:1
- Dwelling: means a structure used or intended for human habitation, including interior and exterior surfaces, and may include common areas and all other property, including land and other structures, located within the same lot. See New Hampshire Revised Statutes 130-A:1
- Dwelling unit: means any room, group of rooms or other interior area of a dwelling or other structure, all or part of which is offered or made available for human habitation, and may include all common areas of the unit and exterior surfaces. See New Hampshire Revised Statutes 130-A:1
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Interim controls: means a set of measures designed to reduce temporarily human exposure or likely exposure to lead exposure hazards, including regular cleaning, repairs, maintenance, painting, or temporary containment, and the establishment and operation of management and resident education programs. See New Hampshire Revised Statutes 130-A:1
- Lead exposure hazard: means :
(a) The presence of lead base substances on chewable, accessible, horizontal surfaces that protrude more than
1/2 inch and are located more than 6 inches but less than 4 feet from the floor or ground;
(b) Lead base substances which are peeling, chipping, chalking, or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated and is likely to become accessible to a child;
(c) Lead base substances on interior or exterior surfaces that are subject to abrasion or friction or subject to damage by repeated impact; or
(d) Bare soil in play areas or the rest of the yard that contains lead in concentrations equal to or greater than the limits defined in N. See New Hampshire Revised Statutes 130-A:1 - Lead hazard reduction: means a set of measures designed to reduce a lead exposure hazard, including abatement, interim controls, or a combination of them. See New Hampshire Revised Statutes 130-A:1
- Lead inspector: means any person or entity engaged in inspections for the presence of lead base substances. See New Hampshire Revised Statutes 130-A:1
- Lead risk assessor: means an individual who conducts risk assessments, as defined in He-P 1602. See New Hampshire Revised Statutes 130-A:1
- Person: means any individual, corporation, company, association, partnership or other entity and includes town, city, county and state governmental agencies. See New Hampshire Revised Statutes 130-A:1
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
(a) The findings of the inspection, including the specific locations determined to constitute a lead exposure hazard.
(b) The methods appropriate for lead hazard reduction and copies of rules pertaining to lead hazard reduction adopted under the provisions of this chapter.
(c) The period of time within which lead hazard reduction shall be completed. The time period for lead hazard reduction of an occupied dwelling or dwelling unit shall not exceed 90 days except that the period may be extended at the discretion of the commissioner for the period of time determined to be reasonable by the commissioner under the circumstances of the case.
(d) The standards for reoccupancy of a dwelling or dwelling unit by a child, or the resumption of operations of a child care facility, after the conduct of lead hazard reduction.
(e) Responsibility for verification by a lead inspector or lead risk assessor of lead hazard reduction to the commissioner.
III. Any person subject to an order issued under this section may petition the superior court to review such order. The commissioner may also impose administrative fines under N.H. Rev. Stat. § 130-A:14 and may request injunctive relief under N.H. Rev. Stat. § 130-A:17, I in the event that an order, served by the commissioner, is not followed or a fine imposed by the commissioner is not paid.
IV. Any order issued by the commissioner that requires lead hazard reduction shall be binding upon and enforceable against the person to whom the order was issued and any other individual or entity that may acquire ownership of, or an interest in, the property that is subject to the order.
V. Interim controls, as defined in this chapter, may be used as an acceptable alternative to lead hazard abatement only with the prior written approval of the commissioner and if a lead exposure hazard reduction plan or any other subsequent plan is adopted and in place at the department to address compliance with the intent of this section. When interim controls are approved and maintained in response to an order, the person to whom the order was issued, and any other individual or entity that may acquire ownership of the property that is subject to the order, shall submit to the commissioner a certificate of compliance for interim controls from a licensed risk assessor annually prior to the expiration of the current certificate. When a certificate of compliance for interim controls is not issued by a licensed risk assessor prior to expiration of the current certificate or when an inspection by the commissioner, or designee, reveals that the property no longer meets the requirements of interim controls, the commissioner shall require submission of a certificate of compliance for abatement. The commissioner shall adopt rules, under RSA 541-A, for the procedures for interim controls.
VI. Any order issued by the commissioner shall be recorded in the registry of deeds for the county in which the property is situated and, upon recordation, the order shall run with the property.